Laws: Cases and Codes : U.S. Code : Title 28 : Section 1442


   
U.S. Code as of: 01/19/04
Section 1442. Federal officers or agencies sued or prosecuted

      (a) A civil action or criminal prosecution commenced in a State
    court against any of the following may be removed by them to the
    district court of the United States for the district and division
    embracing the place wherein it is pending:
        (1) The United States or any agency thereof or any officer (or
      any person acting under that officer) of the United States or of
      any agency thereof, sued in an official or individual capacity
      for any act under color of such office or on account of any
      right, title or authority claimed under any Act of Congress for
      the apprehension or punishment of criminals or the collection of
      the revenue.
        (2) A property holder whose title is derived from any such
      officer, where such action or prosecution affects the validity of
      any law of the United States.
        (3) Any officer of the courts of the United States, for any act
      under color of office or in the performance of his duties;
        (4) Any officer of either House of Congress, for any act in the
      discharge of his official duty under an order of such House.

      (b) A personal action commenced in any State court by an alien
    against any citizen of a State who is, or at the time the alleged
    action accrued was, a civil officer of the United States and is a
    nonresident of such State, wherein jurisdiction is obtained by the
    State court by personal service of process, may be removed by the
    defendant to the district court of the United States for the
    district and division in which the defendant was served with
    process.



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